Sheriff Courts (Scotland) Act 1907

Interpretation of this Chapter S

38.1. (1) In this Chapter—

• “appeal” includes an application for leave to appeal;

• “the European Court” means the Court of Justice of [F1 the European Union];

• “reference” means a reference to the European Court for—

  (a)

  a preliminary ruling under [F2 Article 267 of the Treaty on the Functioning of the European Union], Article 150 of the Euratom Treaty, or Article 41 of the E.C.S.C. Treaty; or

  (b)

  a ruling on the interpretation of the Conventions, as defined in section 1(1) of the M1 Civil Jurisdiction and Judgments Act 1982, under Article 3 of Schedule 2 to that Act.

(2) The expressions F3 ... “Euratom Treaty” and “E.C.S.C. Treaty” have the meanings assigned respectively in Schedule 1 to the M2 European Communities Act 1972.

[F4 (3) In paragraph (1), “the Treaty on the Functioning of the European Union” means the treaty referred to in section 1(2)(s) of the European Communities Act 1972.]

Textual Amendments

F1 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

F2 Words in Sch. 1 rule 38.1(1) substituted (1.11.2012) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2012 (S.S.I. 2012/271), paras. 1(1), 6(2)(a)

F3 Words in Sch. 1 rule 38.1(2) omitted (1.11.2012) by virtue of Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2012 (S.S.I. 2012/271), paras. 1(1), 6(2)(b)

F4 Sch. 1 rule 38.1(3) inserted (1.11.2012) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2012 (S.S.I. 2012/271), paras. 1(1), 6(2)(c)

Marginal Citations

M1 1982 c.27; section 1(1) was amended by section 2 of, and Schedule 2 by section 3 of, and Schedule 2 to, the Civil Jurisdiction and Judgments Act 1991 (c.12).

M2 1972 c.68.